Terms and Conditions
Acceptance of These Terms and Conditions
These Terms and Conditions (“Terms”) govern your use of any one of our company websites (our “NEMA Sites”).
Please read these Terms carefully. The NEMA Sites contain various information in the form of data, text, reports, and other materials relating to NEMA and its products and/or services as well as third-party content (collectively, the “Content”). By accessing, browsing and/or using the NEMA Sites and their Content, you acknowledge that you have read, understood and agree to be legally bound by these Terms.
NEMA reserves the right to amend these Terms at any time and from time to time. You should check these Terms each time you use any of the NEMA Sites to determine if any changes have been made. If you use an NEMA Site after the amended Terms has been posted, you will be deemed to have agreed to the amended Terms.
Links to Third-Party Sites
The NEMA Sites may contain links to other Websites (“Linked Sites”). The Linked Sites may not be under the control of NEMA or NEMA’s affiliates and NEMA and its affiliates are not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. NEMA is providing these links to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement by NEMA of the Linked Site or any association with its operators.
Advertisements
The NEMA Sites may use third-party advertising companies to serve ads on the NEMA Sites. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Advertisements appearing on the NEMA Sites should not be construed as any type of endorsement by NEMA, or any of the participating standards developing organizations or third party organizations (unless otherwise noted) of the advertisement, the advertiser or the advertiser’s organization, system, product or service. NEMA, the standards developing organizations and the third party organizations expressly disavow any such implied endorsement.
Use of Communication Services
The NEMA Sites may contain links to bulletin board services, chat areas, forums, communities and/or other message or communication facilities designed to enable you to communicate with a group or NEMA (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material for which you have the legal authority and related to the particular Communication Service.
NEMA has no obligation to monitor the Communication Services. However, NEMA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NEMA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
NEMA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in NEMA’s sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
No Unlawful or Prohibited Use / Termination
As a condition of your use of the NEMA Sites, you warrant to NEMA that you will not use any NEMA Site for any purpose that is unlawful or prohibited by these Terms. You may not use any NEMA Site in any manner which could damage, disable, overburden, or impair such NEMA Site or interfere with any other party’s use and enjoyment of such NEMA Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any NEMA Site.
None of the NEMA Sites or any Content may be copied, downloaded, stored in a retrieval system, published, transmitted or otherwise reproduced, transferred, stored, disseminated, used as a component of or a basis for a database or otherwise used in any form or by any means. Search result pages may be printed for individual use. You may not make electronic copies of any Content. You may not resell Content for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge or “cost recovery” basis, loan, rental, service bureau, external time sharing or similar arrangement.
NEMA reserves the right, in its sole discretion, to terminate your access to any NEMA Site and the related services or any portion thereof at any time, without notice.
Intellectual Property Rights
The NEMA Sites and all of its content are protected by copyright pursuant to U.S. copyright laws. Unless otherwise noted in a specific location on the NEMA Sites, you may not copy or download any of the material contained on this site in whole or in part without the express authorization of NEMA. On pages of this site where permission may be given to copy or download material, you may do so for your own personal, non-commercial use only under the following conditions: (1) you include NEMA’s copyright notice whenever you copy such material, and (2) you do not use the materials in any manner that suggests an affiliation or association with NEMA. You may not publish, modify, transmit, reproduce, create new works from, distribute, sell, loan, nor in anyway exploit any of the material contained on this site in whole or in part, including such material permitted to be copied or downloaded, without the express written authorization of NEMA.
Elements of the NEMA Sites, including images, logos, visual media, and sounds, are also protected by trade dress, trademark, and other competition laws and may not be copied or imitated in whole or in part without the express written authorization of NEMA.
Confidentiality
If you request a quote for NEMA products or services, you agree that: (i) any information provided to you in response to that request, whether or not it is marked or otherwise identified as “Proprietary” or “Confidential” or words of like import, will be kept in confidence, used exclusively in connection with obtaining services from NEMA, and not published or otherwise disclosed to others; (ii) if any information contains restrictions on use or disclosure, you will comply with the restrictions; and (iii) you will keep all restrictive language intact in all copies. You also recognize that NEMA’s quotes and pricing constitute confidential and proprietary information, and you acknowledge that in the event of a breach of this confidentiality provision, NEMA may suffer irreparable harm. In the event of such a breach, you agree that NEMA is entitled to seek injunctive relief as well as other applicable remedies at law or equity.
Material Provided to NEMA or Posted on the NEMA Sites
NEMA does not claim ownership of the materials that any third parties (including you) provide to NEMA (including feedback and suggestions) or post, upload, input or submit to the NEMA Sites or their associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting Submissions, such third parties (including you) grant NEMA and its affiliated companies permission to use Submissions in connection with the purpose of such Submission and the operation of the NEMA Sites, including, without limitation, the rights to, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Submission; and to publish the name of the persons or organizations submitting such Submission, solely in connection with such Submission.
NEMA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NEMA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.
Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512, NEMA has designated an agent to receive notices of claimed copyright infringement. If you believe your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our general counsel, Matt Haynie, NEMA, 1812 N. Moore Street, Suite 2200, Arlington, VA 22209, matt.haynie@nema.org.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of registered users who are repeat infringers.
Contacting Governance, Policy, and Program Oversight Committee Members
The NEMA Sites may list the names and organizational affiliations of NEMA members who participate on governance groups, policy committees, and/or program oversight committees. These individuals should not be contacted directly concerning NEMA business. NEMA staff members listed on each page are always the appropriate contacts to use concerning any NEMA business.
Disclaimer of Warranties
You acknowledge and agree that the NEMA sites are provided on an “as is” and “as available” basis. None of NEMA, its affiliates, subsidiaries or suppliers to the NEMA sites or their officers, directors, employees or agents (collectively the “NEMA parties”) guarantee the accuracy, completeness, timeliness, reliability, suitability or usefulness of any portion of the NEMA sites. None of the NEMA parties warrant that the NEMA sites will be uninterrupted or error free, that any specific information that is requested will be provided or that the NEMA sites or its server(s) are or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the NEMA sites and the accuracy, timeliness or completeness of the content or services is assumed solely by you. None of the NEMA parties make any, and they hereby specifically disclaim any and all representations, endorsements, guarantees, and warranties, express or implied, regarding the NEMA sites, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement of third-party rights.
You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the NEMA sites are used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.
Limitation of Liability
Under no circumstances will any of the NEMA parties be liable for any loss or damage caused by your reliance on information obtained through the NEMA Sites. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the NEMA sites. In no event shall any of the NEMA parties be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or relating to the NEMA sites or these Terms, whether based on warranty, contract, tort, or any other legal theory. Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the NEMA parties’ liability is limited to the greatest extent permitted by law. If you are dissatisfied with any portion of any NEMA site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the NEMA sites.
Legal Advice
Nothing contained in the NEMA Sites is intended as, nor shall be construed as legal advice, guidance, or interpretation. No attorney-client relationship is established between NEMA and you by your use of the NEMA Sites. The information provided on the NEMA Sites is for general educational purposes only and specific questions about any law, statute, or regulation should be directed to an attorney with expertise in the area.
STAFF CONTACT
If you have any questions about these Terms, please contact NEMA’s general counsel at matt.haynie@nema.org